Developed A New App & Need To Get It Trademarked?

Each app is like a business. And businesses need trademarks. As an app developer you need to safeguard the rights in your application’s name.  Like any new trademark, it needs to be cleared prior to use.

Take the right steps to protect your new app’s name.

  1. Clear it with a comprehensive trademark search; and (depending on the search results)
  2. Apply for federal registration with the USPTO

When It Comes To Selecting A Trademark For Your New App, Remember The Following…

Naming Your App

Make sure with the countless apps out there that you come up with a unique name for your brand.

This means coming up with a name that is not similar to anything currently on the market. And the name should not be descriptive of the app. For example if it’s for a photo-editing app don’t name it FIX A FOTO. Your trademark attorney can advise you whether the name you have in mind is descriptive or not.

When coming up with your logo to go with the app, bear in mind that the logo needs to look good even though it will be a tiny icon on a smart phone screen.

Once you have selected a name for the app and cleared it through a comprehensive trademark search (and in certain cases also cleared your logo design through a proper design search) you can work with your attorney to draft and file an application for registration of the trademark (and logo) with the USPTO.

Using Your App’s Mark

You will also need to think about establishing use of the mark. For purposes of establishing rights to the logo and the app name that the USPTO will recognize when evaluating your application to register the mark, you should be sure to have the logo and app name appear on the screen when the app is in use.

Your Choice of Attorney

The trademark attorney you choose to help you select, search, clear and register your app is important. He or she should have experience in choosing the right trademark name and evaluating the screening searches to determine if the contemplated name is available. By hiring an experienced TM attorney you have one less concern on your mind.

Keep in mind that getting a registered trademark is not something that occurs overnight. You’re likely looking at a year or even longer. And there is a big caveat: Even if you hire the best TM attorney, there is still no guarantee that the application you file will in the end be approved and become a registered trademark.

Your attorney can advise you, advocate for you, and argue on your behalf, but the determination whether to register your mark is not decided by your attorney—it’s decided by the United States Patent and Trademark Office.

Monitoring Your App’s Trademark

Last, once you have established rights to your trademark—even if you have successfully registered it—there still could be bumps in the road.

One or more individuals or companies may attempt to use that name or another one that is too similar to yours. If this happens, you may not even know about it unless you monitor your trademark.

We can advise you about trademark monitoring services so that you can put an appropriate monitoring program in place. And if someone is infringing your mark, we’ll be there to advise you on how to deal with it.

Have A Few Questions About Trademarks? Check Out Our FAQ

Let Us Help You Apply For Trademark Registration

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About Thomas Wilentz, Trademark Lawyer

Thomas M. Wilentz is a published writer on intellectual property law who has been practicing trademark law for 18 years. His firm, Thomas M. Wilentz Attorney at Law, PLLC, was founded in 2003 and since then has helped clients from all over the USA, as well as from Canada, China, the UK, Australia, Malaysia, Mexico, Singapore and many other countries.